(1.) Criminal Appeal No.396 of 2013 has been filed by the appellant - State of Gujarat and Criminal Appeal No.875 of 2013 has been filed by the appellant - original comoplainant challenging the judgement and order dtd. 14/12/2012 passed by the learned Special Judge and 2 nd Additional Sessions Judge, Bhavnagar in Special (Atrocity) Case No.44 of 2009 whereby the learned Judge has acquitted the accused / respondent Nos.1 to 8 from the offence punishable under Sec. 504, 506(2) and 114 of Indian Penal Code, under sec. 135 of Bombay Police Act and under sec. 3(1)(10) of the Prevention of Atrocities Act.
(2.) Brief case of the prosecution is that the complainant has alleged in the complaint that Accused No. 1 to 4 on 13/06/2009 were making a thorn boundary in the back side of the complainant house and complainant had asked them not to make that thorn boundary due to which Accused persons got angry and had ran with Dhariyu, Lakdi, Khuhadi to beat Complainant and had abused on caste and threatened him and complainant had gone inside the house than accused No. 5 to 8 had come and threatened the complainant and therefore on 29/06/2009 complaint is given by complainant against the Accused persons, for the aforesaid offences.
(3.) Thereafter, the investigation was set in motion and the investigating officer recorded statements of witnesses, panchnama of the scene of offence, other panchnamas were prepared and completed other procedure and as there was sufficient against the accused, chargesheet was filed in the court of learned Judicial Magistrate, First Class. As the case was triable by the Sessions Court, the learned Magistrate having no jurisdiction to try the case, the case was committed to the Sessions Court and was numbered as Special Atrocity Case No.44 of 2009.
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